(A) No person shall abandon a vehicle on any public or private property without the permission of the person having the right to possession or control of the property upon which the vehicle is left.
(B) The owner of the abandoned vehicle is responsible for the abandonment and is liable, to the extent of the market value of the vehicle, for all of the costs incidental to the removal, storage and disposal of same.
(C) If, in the opinion of the officer, the market value of an abandoned vehicle is $500 or less, the officer shall attach thereto in a prominent place a notice tag containing the following information:
(1) The date, time, officer’s name, public agency and address and telephone number to contact for information;
(2) The vehicle is considered abandoned;
(3) The vehicle will be removed after 24 hours;
(4) The owner will be held responsible for all costs incidental to the removal, storage and disposal; and
(5) The owner may avoid costs by removal of the vehicle within 24 hours.
(D) If the tagged vehicle which, in the opinion of the officer, has a market value of less than $500, is not removed within 24 hours the officer shall:
(1) Prepare a written abandoned vehicle report of the vehicle including information on the condition, missing parts and other facts that substantiate that the market value is less than $500;
(2) Take photographs to illustrate the condition of the vehicle;
(3) Immediately remove the vehicle to an automobile storage area or scrapyard; and
(4) Within 24 hours after removal or disposal of the vehicle, the Department of Code Enforcement shall forward a copy of the abandoned vehicle report and photograph relating to same to the Bureau and shall retain the original records and photographs for at least two years.
(E) If, in the opinion of the officer, the market value of an abandoned vehicle is $500 or more, the officer shall make reasonable effort to ascertain the owner or person who may be in control of the vehicle by inquiry of other persons in the neighborhood. Thereafter, the officer shall attach to the vehicle in a prominent place a notice tag containing the following information:
(1) The date, time, officer’s name, public agency and address and telephone number to contact for information;
(2) The vehicle is considered abandoned;
(3) The vehicle will be removed after 24 hours;
(4) The owner will be held responsible for all costs incidental to the removal, storage and disposal; and
(5) The owner may avoid costs by removal of the vehicle within 72 hours.
(F) (1) If the tagged vehicle which, in the opinion of the officer, has a market value of $500 or more is not removed within the 72-hour period, the officer shall take photographs to illustrate the condition of the vehicle and shall require the vehicle to be towed to a storage area.
(2) Within 72 hours after the removal of an abandoned vehicle to a storage area, the Department of Code Enforcement shall prepare and forward to the Bureau an abandoned vehicle report, including the make, model, engine number if any, identification number and number of the license plate, and request that the Bureau advise the Department of Code Enforcement of the name and most recent mailing address of the owner and of any lienholder.
(3) Upon receipt of the requested information from the Bureau, the Department of Code Enforcement shall advise the owner or any lienholder that the vehicle has been impounded at a certain location and must be removed within 15 days of the date of the mailing the notice, and advising that the vehicle will be disposed of after that time. The notice should also advise that all costs incurred in removing and storing the vehicle are the owner’s legal responsibility, and a detailed list of costs incurred to date and anticipated costs shall be included.
(4) If the owner or lienholder appears prior to the disposal of the vehicle and pays all costs incurred, he or she shall then be entitled to the return of the vehicle. If the owner or lienholder does not appear in 15 days after the mailing of notice, the Town Council shall sell the vehicle to the highest bidder at a public sale conducted after notice under I.C. 5-3-1, except only one newspaper insertion one week before the public sale is required.
(5) If the vehicle is in such condition that the vehicle identification numbers or other means of identification are not available to determine the owner of record with the Bureau, the vehicle may be disposed of without notice.
(6) The purchaser shall be furnished a bill of sale for each abandoned vehicle sold by the Town.
(G) In accordance with this subchapter, the owner shall be charged a fee for the towing and storage of his or her vehicle.
(H) Upon complaint of a private property owner or person in control of the property upon which vehicle has been left for more than 24 hours without the consent of the owner or person in control, an officer shall follow the procedure set forth in this subchapter for removal of said vehicle.
(I) Neither the owner, lessee or occupant of the property from which an abandoned vehicle is removed, or any public agency, towing sendee or automobile scrapyard, is liable for any damage to the vehicle occurring during its removal, storage or disposition.
(2005 Code, § 58.01) (Ord. 2001-09, passed 7-16-2001)